Transfer to USA delayed five weeks - do I have a legal case?

[judgemental24]

Re: Transfer to USA delayed five weeks - do I have a legal case?

Before i go i will give you two examples why travelwise are not liable under foreseeability of damage and Proximity of neighbourhood

1. a chap on a boat drops a plank of wood through a ships hold, on the way down it hit some metal and caused a spark which results in an explosion. The boat sinks. The chap cannot be held liable through negligence as it was impossible to predict his dropping that plank of wood caused the ship to sink

2. a chap was in supervision of some boys at a borstal camp on an island. The guard knocked off early and left the boys to go back to camp on their own. They stole a dingy in a dash for freedom and hit a yact causing damage. The home office was liable as the instructor had a duty of care and liable under vicarious liabilty

These two scenario above are true and explains why Travelwise cannot be held accountable as there was no forseeabilty of damage in their negligence in transfering the funds

[des8]

Re: Transfer to USA delayed five weeks - do I have a legal case?

Re loss of enjoyment, not holiday case:
Farley v Skinner 2001 .publications.parliament.uk/pa/ld200102/ldjudgmt/jd011011/farley-1.htm

However do agree in this case OP is probably on to a loser!
Even if a breach of contract is established, any non pecuniary loss award (nominal loss) could be small.

[judgemental24]

Re: Transfer to USA delayed five weeks - do I have a legal case?

Not going off topic but Vegas is my favourite place to visit, i go every year and spend 4 days in the resort before moving on.

I spend those 4 days at the world famous Flamingo Hotel in the middle of the strip and has cost me no more than $60.00 a day. (Never on weekends though)

Trying to justify $4000 hotel loss when complimentary will certainly make any judge sit up and take notice

[R0b]

Re: Transfer to USA delayed five weeks - do I have a legal case?

The terms on Transferwise website states that the contract is governed by English law, but any claims is not the exclusive jurisdiction of England. Therefore Daniella, you could make a claim in the US an on that basis you really need to seek advice from a US lawyer. Countries signed up to one of several agreements will can hear claims under English law but the problem you will have with that is you are going to need someone with English law experience and that's where it becomes a lot more costly. I'm not sure on the laws of negligence, breach of contract and whether there is a head of claim for loss of enjoyment but you might be able to circumvent English law and hear it under US law if there is provisions to do so based on the fact that Transferwise have a place of business in the US.

Daniella could have a claim under both in tort (pointed out by judgemental) and breach of contract - whether she succeeds is another matter. Even if you were successful I couldn't think based on your circumstances that you would receive anything above £1,000 but as a guess towards the lower end of this bracket if this was heard in the UK courts. I couldn't comment if your case is heard in the US.

[Daniella]

Re: Transfer to USA delayed five weeks - do I have a legal case?

Thanks all. This is an awesome place.

[Daniella]

Re: Transfer to USA delayed five weeks - do I have a legal case?

The tort route seems promising?

[judgemental24]

Re: Transfer to USA delayed five weeks - do I have a legal case?

Yes you have a claim against Travelwise for the delay in sending the money

They have offered a reasonable redress of free future transfers

I keep on repeating myself

The first question has to be did Travelwise reasonably foresee the delay in the transfer resulted in a detriment to yourself??

The answer has to be no



What do you want out of it as settlment??

[des8]

Re: Transfer to USA delayed five weeks - do I have a legal case?

There was mention of pursuing the case in USA.
It seems the same hurdle of a connection between Transferwise's alleged negligence and Daniella's loss will exist in the States where it is referred to as "proximate cause".
Proximate cause limits the legal liability for negligence to recovery where the harm is a reasonably foreseeable result of the negligence.
I doubt that a judge would agree that Transferwise's negligence (which has to be proved!) could reasonably have foreseen a spoilt holiday.

[judgemental24]

Re: Transfer to USA delayed five weeks - do I have a legal case?

An example of proximate cause

And i am no Judge Judy:tinysmile_grin_t: to ugly for that

If you do a contract with me to build your house, i complete the whole house but forget the bathroom taps

That does not mean you can get out of the whole contract and not pay me anything for the work already completed

The most you would get is the value of getting someone else to fit the taps only, you would still owe me for the work i had already done

[Daniella]

Re: Transfer to USA delayed five weeks - do I have a legal case?

Of course it's reasonable to assume that a person sending funds to his/her self abroad i.e. to convert to the currency of that country is assuming to spend the funds in that country? And presumably whilst on holiday?

[judgemental24]

Re: Transfer to USA delayed five weeks - do I have a legal case?

Me thinks we have come full circle

There is no duty of care on Travelwise to a third party

Best you pay £50.00 to consult with a solicitor for half an hour of his time before going any furher

It is not just my own opinion that is stating on the balance of probability this is going nowhere

I can advise no more

sorry

[Daniella]

Re: Transfer to USA delayed five weeks - do I have a legal case?

Or = it is like saying "of course we were negligent in sending him the money, but we can't possibly be held responsible for the results of his not being able to spend that money - how could we ever know he intended to do that?"

It is ridiculous.

[judgemental24]

Re: Transfer to USA delayed five weeks - do I have a legal case?

That is UK common law, or Stare decisis

It is applying the law to what is propotionate and fair on all parties

You cannot please everyone all of the time

That is why we have judicial interpretation

[Daniella]

Re: Transfer to USA delayed five weeks - do I have a legal case?

Hmmh, but were I to have dropped them an email stating the transfer was for my holiday funds, it would not have made a blind bit of difference. I think that if I prove what was affected after this cock-up, they can and must be held responsible.

I mean, the shows I could not attend, etc - these are tickets that went unused because of all this.

[des8]

Re: Transfer to USA delayed five weeks - do I have a legal case?

I concur with J (it happens occasionally!)
Transferwise had no idea why the transfer was required, and so IMO you will have great difficulty persuading a UK judge to award damages for your loss of enjoyment.
You may have more success in the States, as it seems each State has its own version and local judges sometimes have their own unique take on what is right.

PS we are only telling what our opinion is.
Who knows, if you go ahead and sue, you might win.
Good luck & keep us informed so that we can possibly help others in a similar position